A 99-year-old man from Shanghai, surnamed Tan, recently faced a legal setback after attempting to reclaim his flat from a former colleague, Gu, to whom he had promised the property in exchange for care and companionship. The case, reported by the Shanghai Morning Post on August 28, highlights a complex dispute that began nearly two decades ago.
In 2005, Tan, then 93, entered into a support agreement with Gu and his family. Under this agreement, Tan committed to transferring ownership of his flat to them in return for regular care, companionship, and assistance. Specifically, Tan requested that Gu’s family maintain frequent contact through phone calls, visit him weekly, purchase essentials like clothing and groceries, and care for him during times of illness.
To formalize the arrangement, Tan included a clause in his will bequeathing the flat and its contents to Gu, rather than to his own children, with whom he had a strained relationship. Tan expressed that Gu’s family had provided more support and comfort than his own, helping him through difficult times and enhancing his quality of life.
In addition to the will, Tan and Gu signed a purchase contract in 2005, transferring the flat to Gu for 200,000 yuan (approximately US$28,000). However, Gu never paid the amount, and Tan continued living in the flat, rendering the contract largely symbolic.
The situation took a turn in 2018 when Tan remarried and began to regret his previous decision. Subsequently, he initiated multiple lawsuits against Gu in 2019 and 2021, claiming he was unaware of the property transfer and seeking to annul their agreement.
In response, Gu counter-sued, demanding that Tan vacate the flat and pay rent retroactively from 2006. Gu also presented evidence, including family messages and photos, to demonstrate that they had indeed fulfilled their caregiving obligations. He argued that Tan had deliberately cut off communication with the family after his remarriage.
The court ultimately rejected both parties’ claims, ruling that the agreement between Tan and Gu was valid and that the care and companionship provided constituted a de facto support relationship. Consequently, Gu remains entitled to inherit the flat after Tan’s passing.
